‘Deafening’: Producer’s final hit at Lehrmann - news.com.au

Former Spotlight producer Taylor Auerbach has delivered a final blow to Bruce Lehrmann, noting in new court documents his silence in response to the producer’s bombshell claims in court was “deafening”.

In a move that reopened the case, Mr Auerbach made bombshell claims across multiple affidavits, and later in court, that Mr Lehrmann was wooed with prostitutes, expensive meals and cocaine, reimbursed by Seven, to secure his exclusive interviews with Spotlight.

He further alleged Mr Lehrmann had provided the program with documents not previously in the public domain, in breach of his Harman undertaking – a legal rule that says such files should not be repurposed outside of their intended use in court proceedings.

The Federal Court on Tuesday afternoon announced Justice Michael Lee will hand down his highly-awaited judgment in Mr Lehrmann’s fiercely-fought, high stakes defamation battle with Network 10 and Lisa Wilkinson on Monday morning.

As Justice Lee prepares to hand down his findings, Brittany Higgins’ barrister Nicholas Owens, and Mr Auerbach’s lawyer, Rebecca Giles, made their final submissions to the court.

“SILENCE WAS DEAFENING”

During his evidence to the court, Mr Auerbach, who was instrumental in securing Mr Lehrmann for an exclusive interview with Spotlight, made a series of damaging allegations against Mr Lehrmann.

He told the court that Mr Lehrmann supplied the program with documents and files from his ACT Supreme Court trial, in contravention of court rules.

As well he alleged that Seven paid for or reimbursed Mr Lehrmann for a raft of expenses including accommodation, meals, drugs and prostitutes.

Mr Lehrmann and Network 7 have issued denials in relation to the claims outside of court.

Mr Auerbach’s solicitor Rebekah Giles said in a submission filed on Tuesday that Mr Lehrmann had “personal knowledge” of the matters to which Mr Auerbach gave evidence.

Ms Giles argued that Mr Lehrmann could have given new evidence to the court however his “silence was deafening”.

“Mr Lehrmann could have given evidence about what documents he did or did not provide to Seven – via Mr Auerbach, (Spotlight executive producer Mark) Llewellyn, or otherwise.

“Further, Mr Lehrmann had direct knowledge of the payments and benefits he received from Seven (or did not receive).

“He could have easily responded to Mr Auerbach’s evidence if he had any response to make. His silence was deafening such that the Court should find that his evidence could not have assisted him.”

Mr Lehrmann did not give any evidence in response to Mr Auerbach’s claims.

HIGGINS’ CALL ON “DRUGGED” CLAIM

In their own submission filed on Tuesday night, Brittany Higgins’ lawyers said “info” contained in a key court document that she may have been “drugged” on the night she alleges she was sexually assaulted at Parliament House should have been explored.

In an affidavit to the court, former Spotlight producer Taylor Auerbach said that he was emailed a copy of a document, referred to as the “master chronology”, by Mr Lehrmann.

That document contains extracts of a “diary note” made by senior AFP officer Leanne Cross.

“I also have concerns from info I heard that this may have happened before or could happen again,” the note in the chronology document reads.

(I was referring to info that alleged victim may have been drugged). Paul – we need to speak to a range of people. Security staff cleaners may have info.”

In his submissions, Mr Owens notes: “As far as she is aware, the potential that Ms Higgins was drugged is not an issue that has been raised or explored in these proceedings, and while there is evidence now that there was ‘info’ that Ms Higgins was drugged, and that the concerns expressed in that note were held, the nature of that ‘info’ and the basis upon which the concerns were held was not explored.”

The AFP note was not tested or explored during the defamation trial or during Mr Lehrmann’s Supreme Court trial.

He was not questioned about the matter during his testimony to the Federal Court.

He has consistently maintained that he did not have any sexual contact with Ms Higgins in the early hours of Saturday March 23, 2019

NewsWire does not suggest that Ms Higgins was drugged, only that the concern was raised by the AFP and her legal team claim that she would have raised it as an issue if she was a party to the case.

Mr Owens noted various attacks on Ms Higgins’ truthfulness and reliability made by Mr Lehrmann’s legal team.

And he said that “the potential that her perceptive and recollective abilities may have been affected other than by alcohol and trauma is an issue that she would have wished to explore”.

He said in his submission that it would have been an issue her legal team would have wished to raise questions about, had she been a party to the defamation proceedings, and not simply a witness.

“ENTIRELY CONSISTENT”

In his submissions to the court, Mr Owens also mounted a strident defence of Ms Higgins’ credibility in the face of attacks from Mr Lehrmann’s legal team.

Mr Owens argued that Ms Higgins’ inconsistencies – which were used to attack her evidence – were “entirely consistent” with her having been raped and “supports, rather than undermines, her credit.”

Mr Lehrmann’s barristers have highlighted evidence that Ms Higgins asked her then boss, Fiona Brown for a day off work “to go to a doctor’s appointment” in the days after the alleged sexual assault, however she never went.

“Ms Higgins gave powerful evidence explaining her conflicted and traumatised response in the period following her rape,” Mr Owens wrote.

“It is entirely consistent with contemporary understanding of the reaction of victims of sexual assault.”

Mr Lehrmann’s lawyers have also latched onto her not recalling receiving a series of emails from Mr Lehrmann the Monday after the alleged sexual assault.

However Mr Owens described it as a “trifling matter” and said that to allege it was evidence of untruthfulness “is to ignore both the trauma caused by the rape, and ordinary human experience of memory in relation to minor details”.

He said that Ms Higgins had displayed “powerful consistency” in her recounting of the alleged rape, to the AFP in April 2019 and February 2021, to Ms Wilkinson on The Project, in her draft book manuscript, when making her civil claim against the Commonwealth, in Mr Lehrmann’s ACT Supreme Court trial and then late last year in the defamation trial.

“It is submitted that the court must bear steadily in mind the well-known impact of trauma (and sexual assault in particular) on both the conduct and the memory of victims,” Mr Owens said.

“For the court to treat the credit attacks made against Ms Higgins as a reason to disbelieve her about her rape would be to use a consequence of that rape as a basis to deny its occurrence.”

D-DAY

Mr Lehrmann sued Network 10 and journalist Lisa Wilkinson over her interview on The Project with Brittany Higgins, during which the former Liberal staffer alleged she was raped in Parliament House.

While Mr Lehrmann was not named during the program, he has claimed that he was nonetheless identified as the alleged rapist.

Justice Lee was due to hand down his judgment last week.

However Network 10 were given leave to reopen their case to hear fresh evidence from Seven Spotlight producer Taylor Auerbach, who made bombshell claims in court on how the network secured its interview with Mr Lehrmann, and what material was provided.

And after two further days of evidence and submissions, Justice Lee once again reserved his judgment.

The Federal Court on Tuesday said Justice Lee would deliver his findings on Monday at 10.15am.

Mr Lehrmann stood trial in the ACT Supreme Court after pleading not guilty to sexually assaulting Ms Higgins, but the trial was aborted due to juror misconduct.

The charges were subsequently dropped by the Director of Public Prosecutions due to concerns about Ms Higgins’ mental health before he sued Network 10 and Ms Wilkinson for defamation.

Mr Lehrmann has maintained his innocence after Ms Higgins alleged that she was sexually assaulted by her former colleague on a couch inside Senator Linda Reynolds’ office in Parliament House after a night out drinking in the early hours of Saturday March 23, 2019.

During his evidence he told the court he did not have any sexual contact with Ms Higgins that evening.

After the pair returned to Parliament House together, Mr Lehrmann told the court that once inside the Senator Linda Reynolds' office, he went to the left and Ms Higgins went to the right, in the direction of the personal suites of the minister and her chief of staff.

He claims he never saw her again that night.

According to his version of events, he entered the office to retrieve his keys and while there he worked on ministerial briefs.

Ms Higgins, during her evidence, said she sat on a windowsill inside her Senators Reynolds’ office before she passed out.

She said she woke feeling a pain in her leg and with Mr Lehrmann on top of her.

The broadcaster and Ms Wilkinson sought to rely on the defences of truth and qualified privilege.

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2024-04-09 09:00:00Z
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